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Friday, 17 May 2013

CONSTITUTION REVIEW AND LAND SWAP By Emmanuel Onwubiko

Emeka Ihedioha, the urbane looking gentleman politician from a humble but
deeply religious Mbaise, Imo State background has caved a unique niche for himself as one young
patriotic Nigerian that believes in using his innate talents to serve the
public good of Nigeria and the citizenry.

The Deputy Speaker of
Nigeria’s Federal House of Representatives has on more than one occasion proven
his mettle as a man in a hurry to ebb his good name on the political landscape
of Nigeria. The latest evidence is the completion of a national assignment
given to him alongside his legislative colleagues to collate the report of
Nigerians’ views on critical areas that require fundamental amendments in the 1999
Constitution in conformity with section 9[1] of the constitution and in keeping with
the yearning and aspirations of Nigerians.

I have decided to make
brief comment on the outcome of this national exercise supervised by Deputy
Speaker Emeka Ihedioha which is adjudged as one of the best executed national
assignments by the political class in the last two decades.

In this same piece, the
move by the professional Journalist turned politician – Senator Bala Mohammed
the minister of the Federal Capital Territory, to introduce an innovative
approach to radical infrastructural development known as land Swap would also be
featured in very brief terms hoping that this column will in subsequent
editions handle the two thematic areas in more broader perspective.

The
thread that binds the two events together is the fact that they passed
the test of international democratic best practices of seeking the
opinion of the citizens who own the process.

Writing
in the book 'DEMOCRATIC GOVERNANCE AND INTERNATIONAL LAW' edited by the
duo of Gregory H, Fox and Brad R. Roth, Mr. Thomas M. Franck who did a
chapter titled "legitimacy and the
democratic entitlement" stated clearly thus; " Democracy as etymology
suggests, concerns the role of the people in governance. The right to
democracy is the right of the people to be consulted and participate in
the process by which political values are reconciled and choices
made..."

On the specific issue of
constitution amendments which on Thursday April 18th 2013 witnessed the epochal
public presentation of the outcome of the nation-wide public debate on areas of
amendments, a particular revolutionary idea which sailed through the series of
national debate conducted in each of the over 364 federal constituencies, was
the collective decision of Nigerians to upgrade chapter two of the constitution
which is the fundamental directive principles of state policies to the exalted
status of justiciability just like the chapter four of the constitution.

By this decision which
in itself constitute a revolution by Nigerians, the people have loudly told the
Federal House of Representatives to include safeguards which will compel public
office holders to become legally accountable and responsible to the aspirations
and yearnings of the citizenry in the area of democracy dividends and/or
delivery of developmental projects to the various constituencies equitably to
positively transform the living standards of Nigerians.

Another good decision
by Nigerians is the amendment of the draconian and undemocratic immunity clause
of section 308 which according to Nigerians should only apply to civil
proceedings while the elected governors/deputy governors, president and Vice
president serve out their respective terms. Now if the decision reached by
Nigerians at the public debates by the Federal House is concurred by the
Senate, then public office holders hitherto covered by the immunity clause can
be brought to justice for any crime of corruption committed.

Sadly, Nigerians
reportedly were too slow to permit the creation of state police which in my
thinking is one of the best solutions to the unprecedented rise in social crime
which the current federal policing institution has failed to keep in check. Since
the Nigerian police Force has failed why not try state and local policing
institution?

Now we move briefly to
the important issue of land Swap in the Federal Capital Territory which is
currently buffeted by a groundswell of opposition by the indigenous ethnic groups
who are seeking for inclusion in the ownership of the newly worked out
memorandum of understanding between the government which will have 40% and
prospective investors for the land swap who would have 60%.

My
first reaction when I was told by the hard working and forward-looking
media aide of the minister of the Federal Capital Mr. Nosike
Ogbuenyi about a public event planned by the FCT minister, is to
say that land is a spirit and so it is not a very easy thing to deal
with.

My take is that the indigenous
owners of Abuja lands which are to be swapped must be adequately carried along
by the ministry of the Federal Capital Territory even as I support any
reasonably humane move to bring about radical infrastructural development.

The FCT minister said Land
Swap is being introduced because resources for infrastructure are dwindling and
that government won’t remain “Father Christmass” forever. But I ask, what is
inherently evil in being ‘FATHER CHRISTMASS’ as long as the very poor who have
no sustainable livelihood are given social housing to promote their constitutionally
protected fundamental human right to dignity of the human person? Happily,
though, Bala Mohammed who is trained and practiced journalism before venturing
into politics should know that the human rights of the weak ought to be
protected in every government policies.

At the recently held
town hall meeting, we were told the following
facts concerning the concept of land swap.

"The
policy of land swap which is a development initiative recently introduced by
the Federal Capital Territory Administration (FCTA) involves the granting of
land to competent real estate developers who will in turn provide
infrastructure, such as good roads, electricity, portable water, storm water
drainage, sewer lines and communication ducts to the residents, without any
financial or technical demand to the government."

Further, we were told that; "The Land Swap approach to infrastructure
funding is not new in the world. It is a land-based financing of infrastructure,
which the World Bank has endorsed as suitable for any country that is
experiencing budget crisis. Many developed and developing countries like
France, Japan, the United States, China, Denmark, Egypt and India found it
necessary to adopt land-based financing techniques during periods of rapid
urban growth like we are experiencing now in Abuja. The underlying basic
philosophy is infrastructure development to keep pace with urban growth".

Even
the most hardened doubting Thomas
will agree that any initiative aimed at bringing about development in
any human
community is acceptable but at what cost to the ecosystem and the
original
inhabitants who would be dispossessed of their ancestral landed property
to be
awarded to private sector investors whose primary goal is profit? Will
the FCT administrators introduce legal framework to protect the
ecosystem and stop these private sector investors from destroying some
economic trees that promote green environment?

Another
question is what has become of the
Justice Akinola Aguda report on the FCT which stated that Abuja is not a
“no-man’s-land”
but is a land for all Nigerians? Why did the past administrations failed
to
complete the compensation and resettlement agenda built into the
original plan
for the Federal Capital Territory? Did government officials embezzle
these
compensation packages meant for GWARIS and if yes who are the culprits
and why are they [thieves who stole the compensation money] still
not in Kuje prison?

Importantly, there is a political fact
that the six area councils are led by indigenous tribal persons, why have they
failed to empower their people with quality primary and post-primary education
and why are the original Abuja inhabitants so educationally disadvantaged
inspite of the fact that their sons and daughters have over the past decade run
the six area councils in Abuja?

HURIWA'S WORKING VISIT TO ICPC ON THE 27TH MARCH 2013

HUMAN RIGHTS WRITERS' ASSOCIATION OF NIGERIA; HURIWA, ON DECEMBER 12TH 2012 VISITED THE DIRECTOR GENERAL OF NATIONAL EMERGENCY MANAGEMENT AGENCY[NEMA] ALHAJI MOHAMMAD SANI-SIDI ON THE CELEBRATION OF WORLD HUMAN RIGHTS DAY TO CONFER ON HIM THE HUMAN RIGHTS PERSON OF THE YEAR 2012 BY THE ORGANIZATION. THE DG PROMISED TO TAKE DISASTER MANAGEMENT LESSONS TO ALL PARTS OF NIGERIA. HURIWA WAS LED BY ITS NATIONAL COORDINATOR COMRADE EMMANUEL ONWUBIKO.